WASHINGTON (Reuters) - A federal judge on Tuesday dismissed
a lawsuit seeking to halt sales of the only "morning-after"
contraceptive pill available in the United States without a
prescription.

The suit was filed against U.S. health regulators over
their decision to allow non-prescription sales of Barr
Pharmaceuticals Inc's Plan B pill.

The U.S. Food and Drug Administration and Barr were sued by
the Association of American Physicians and Surgeons and other
groups seeking to overturn the FDA decision.

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The pill can reduce the risk of pregnancy when taken within
three days of intercourse.

The U.S. District Court for the District of Columbia
granted the FDA's and Barr's motion to dismiss the suit, saying
the plaintiffs had failed "to identify a single individual who
has been harmed by Plan B's OTC (over-the-counter)
availability," according to the ruling.

Backers of reproductive rights applauded the decision.

"They still don't have any evidence in terms of why they
think it is harmful," said Janet Crepps, deputy director for
domestic programs at the Center for Reproductive Rights. "This
is the right decision for women."

Plan B was approved in 1999. The FDA broadened the approval
in 2006 to allow sale to adults without a prescription. The
pills must be kept behind pharmacy counters and can be sold to
girls under the age of 18 years only with a doctor's order.

The Association of American Physicians and Surgeons said it
was reviewing the ruling and had not made a decision yet about
appealing.

The company said Plan B sales contributed to its 12 percent
increase in overall drug sales last year, but it would not
provide exact sales figures.

Separately, on Monday, another U.S. court found the patent
for Bayer AG's Yasmin contraceptive drug to be invalid, paving
the way for Barr to sell a generic version.

"It's a big win for Barr," Natixis Bleichroeder analyst
Corey Davis said of the Bayer ruling. "There's nobody I'm aware
of that is waiting in the wings to launch after Barr's six
months of exclusivity, so this could be one of those nice
generic products with long tail on it."

Barr shares were up $3.66, or 8 percent, to $49.90 in
afternoon trade on the New York Stock Exchange.

NO STANDING

Plan B pills contain higher doses of progestin, a hormone
used in prescription birth control pills for 35 years. Two
pills cut the odds of pregnancy by nearly 90 percent when taken
within three days of sexual intercourse.

The Plan B lawsuit claimed the drug was not proven safe
without a prescription and sought to reverse the FDA decision
and require a prescription for all Plan B sales.

FDA spokeswoman Rita Chapelle said the agency was pleased
with the dismissal of the suit. Barr spokeswoman Carol Cox, who
called the lawsuit "meritless," said her company was also
pleased.

Anti-abortion groups, including the Family Research Council
and Concerned Women for America, had joined the doctors' group
in trying to reverse the FDA decision.

The groups failed to prove their standing to sue, the court
said. In its conclusion, it said that "plaintiffs have failed
to exhaust their administrative remedies and have therefore
failed to state a claim upon which relief can be granted."

The Center for Reproductive Rights is also suing the FDA,
but it is seeking the opposite course of action. In its lawsuit
against the agency, it argues that restricting the drug for
girls under 18 was based on politics and not science.

The group is waiting for a judge in New York to rule on its
summary judgment motion.

(Reporting by Kim Dixon; additional reporting by Bill
Berkrot in New York; editing by Tim Dobbyn and John Wallace)